This article has been written by Mr. Devansh Singh Yadav, a 1st year student of LLOYD LAW COLLEGE, Noida.
Introduction
When it came into force on June 2012, the Beijing Treaty on Audiovisual Performances marked a big step forward in global copyright law. The main goal of this agreement is to protect the intellectual property rights of actors in audiovisual media, such as motion pictures, TV shows, and the internet. It was made to fix a mistake in the past regarding global copyright legislation, that predominantly looked out for the proprietary interests of writers and creators and didn’t always consider the rights of artists. The agreement’s main goal is to make the protections for artists clearer and stronger, protecting the ability to control the way their works of art are utilised and making sure they get paid fairly.
Making it easier for the law to protect artists’ rights.
By giving artists the two morally and financial freedoms, the treaty’s main goal is to improve their position in the audiovisual business. This includes the right to be recognised as the author of the work and the right to say no to any changes or manipulations that could hurt their image. From a business point of view, it lets artists make more money by letting other people use their works, especially online. It is important to note that the deal sets global standards to protect artists’ rights, which is a big step forward in an era where audiovisual content can be freely shared.
Approval and agreement around the world
A lot of countries have officially signed on to the convention, which shows that more and more people around the world agree on the need to protect people who work in the video business. Ratification is the official process by which states agree to follow the treaty’s rules. Usually, this means that they must change their own copyright laws. The fact that many countries have officially signed the treaty shows how important it is in many law and cultural situations. But the different speeds at which countries are publicly accepting and using international standards shows how hard it is to make sure that national laws are in line with global standards.
Setting and Importance on a Global Scale
In terms of world property law, the Beijing Treaty is very important. It makes it easier for artists to get their rights protected by the law and helps copyright law grow in the digital age. The contract considers how people are using and sharing things in different ways, especially since technology is changing so quickly.
The bill gives artists the legal groundwork they need to negotiate fair compensation and have more control over how their works are used, especially in digital and internet settings. Not only does this shift in thinking help artists, it also makes the process of making and sharing video content more fair and long-lasting. It provides a clearer set of rules for the digital media world, which is very important for websites that store, stream, or share audio and video content.
The Beijing Treaty makes artists’ rights much more respected around the world. It asks countries to recognise and protect these rights, which would make the world a more uniform place. Artists whose work can be seen by people all over the world need to make sure that their rights are respected and protected all over the world.
Background and development in history
History of Copyright Laws
The first copyright laws, which were made in Europe and the US in the late 18th and early 19th centuries, were mostly made to protect the rights of writers and authors. The main goal of these rules was to protect literature and artistic works. With the development of technology, especially the popularity of films and TV shows, it became clear that these rules were not enough to protect the rights of actors in the audiovisual business.
In the 20th century, there were big steps forward in recognising and protecting artists’ rights. This movement grew stronger as it became clearer that the entertainment business affects people all over the world. It was led by artists and campaigners in the legal and creative communities.
Before the Beijing Treaty, the rights of artists were based on a number of foreign agreements. The Rome Convention of 1961 gave artists basic rights, but it only applied to a small group of countries. The WIPO Performances and Phonograms Treaty (WPPT) of 1996 made these rights stronger, but only for sound performances. It didn’t cover video performances.
The rise of the digital age and the broad distribution of online content have made it clear that performers in the audiovisual business need more safety. It was very important to have clear laws that covered the complicated aspects of digital copying, sharing, and performing in public.
The Beijing Treaty was written after a long process of discussions and arguments, which was aided by WIPO. Key players included member states, people from the movie and TV businesses, actors’ groups, and people who work with intellectual property. For the process to work, the needs of actors, producers, and marketers had to be carefully balanced.
The Beijing Treaty’s major goals were to protect the rights of performers in the audiovisual business and to make sure that problems caused by digital technology were dealt with in a clear and strong way. This meant giving performers both economic and moral rights. For example, performers should be able to copy, distribute, rent, and offer their performances. They should also be recognised as the creators of their performances and have the right to speak out against any disrespectful treatment of their work.
India took an active role in the treaty talks, utilising its growing entertainment and film industry. Contributors worked hard to make a deal that was fair and took into account the needs of developing countries and the current state of technology.
India’s talks about the treaty were influenced by its rich cultural history and its important place in the global entertainment industry, especially Bollywood.
Getting more rights
In the area of intellectual property rights for artists, especially when it comes to digital media, the Beijing Treaty is a big step forward. A lot of different rights are included in this addition, such as the rights to copy, share, rent, and broadcast. The treaty’s recognition of these rights in both traditional and digital means is a big step forward that considers how media is consumed and delivered changing over time.
Comparative study that looks at other artistic fields.
When compared to the rights given to writers, musicians, and visual artists, the rights given to actors under the Beijing Treaty are much stronger. This change evens out things that were unfair before, when artists’ rights were often seen as less important. The treaty gives artists more respect because it recognises their important part in the artistic process and the cultural value of what they do.
Rights in terms of ethics and money
- Definition of Moral Rights: The treaty protects actors’ moral rights, such as the right to be recognised as performers and the right to say no to any changes that are disrespectful to their acts. These rights are personal and protect the performer’s connection to their work.
- B. Effects on Economic Rights: The treaty lets artists get paid for using their acts. This includes the rights to copy, distribute, and rent the work. Recognising these rights is important for making sure artists are paid fairly, especially in a media world driven by digital platforms.
- The outlook for achieving a balance of rights around the world: In different law systems, moral and economic rights do not always combine in the same way. Some areas stress the moral rights that protect a performer’s personal link to their work, while others focus on economic rights that are more in line with a market-oriented view. The treaty recognises and accepts these differences, considering the different cultural and legal points of view.
Fair Use and the Public Interest
The treaty recognises the value of fair use rules and exceptions, which are necessary to protect the public’s interests in activities like study, educational, scholarly, and critical writing. These rules are very important because they make sure that artists’ rights are balanced with the public’s interests. They also protect free speech and make culture more accessible.
Limitations on Educational and Non-Profit Activities
Because educational and non-profit activities are so important to society, the treaty lets certain limits be put on them. This function is especially useful in developing countries where it is important to be able to see traditional items for educational reasons.
There are a lot of differences between countries in how limits and allowances are put into place. The treaty sets up a basic framework, but each country’s laws determine how it is to be enforced. This means that there are different situations around the world when it comes to how certain limits and permits are carried out.
Protection of technology and control of rights
The Role of Technology in Protecting Rights: The deal recognises that technology plays a key role in protecting and managing artists’ rights. Technological Protection Measures (TPMs) are very important for keeping acts from being used illegally and making sure that rights are respected in the digital world.
Technological Protection Measures (TPMs) are governed by the following laws:
The treaty says that people who try to get around successful technology protection measures (TPMs) can be sued. This is a key part of making sure that technological rules are followed, and that artists’ rights are protected from the effects of technological growth.
Problems with Digital Rights Management
DRM systems are necessary to protect rights, but they come with problems like not being able to work with other systems, protecting user rights, and privacy concerns. To be fair and just, the pact protects the rights of artists while also looking out for the rights of users and the general interest.
Effects on Digital and Online Platforms for Sharing and Making Money from Content
Digital and online sites are taking on more responsibility for the content they host, especially when it comes to artists’ rights. This changes how they get information and make money from it, because they must respect the rights of artists in the digital world.
Digital platforms will have to work hard to follow the treaty, but it also gives companies a chance to stand out by fighting for artists’ rights and supporting fair content practises.
The treaty is in line with how people are changing how they ethically consume video material online as they learn more about the rights of creators and actors and become more worried about them. This trend is likely to influence how material is offered and how people consume it in the future.
By making it easier for countries to work together, the pact improves international unity and justice. As part of this, people from different countries must work together to find, watch, and stop the illegal use of content.
The Beijing Treaty builds on existing international agreements by creating a complete framework for safeguarding intellectual property rights around the world. This makes it easier for countries to work together and police laws.
Conclusion
Alignment with India’s goals: The deal supports India’s main socioeconomic goals by making the creative sector more artistically rich and financially stable. It keeps artists’ incomes up and helps the entertainment business grow, which is a very important part of India’s economy.
Effects on Cultural Diversity and Indigenous Representation: The pact helps to create local material and build cultural diversity in a roundabout way. Artists from a wide range of national and geographical backgrounds are welcome to show their work, and their rights will be respected.
The goal of the conference is to make intellectual property laws around the world more compatible with the needs of the Indian audiovisual business. It takes into account India’s rich cultural diversity while also carefully training its businesspeople to be successful on a global scale.
References
- WIPO’s Information on Beijing Treaty
Source: World Intellectual Property Organization (WIPO)
Web Link: The Beijing Treaty
- Cambridge Core – International Legal Materials – An academic article by Aaron X. Fellmeth, published in 2017, provides a comprehensive analysis of the Treaty.
Web Link: Abstract of the article